30 HOYE v. PENN.—1 BLAND.

and therefore prayed, that he might be admitted to appear so as
to become a party for the purpose of prosecuting an appeal.

KILTY, C., 13th July, 1812.—The Chancellor has considered the
within petition, and is of opinion, that the prater thereof, to
admit the petitioner to appear, ought not to be granted.

Nathan Waters nevertheless appealed, gave bond with sureties
which was approved. And, at June Term, 1818, of the Court of
Appeals, the decree was affirmed.

The trustee appointed to make the sale, reported, that he had,
on the 23d of November, 1818, with the consent of the possessors,
sold the whole of the lands lying in Montgomery County which
had been conveyed by the late Charles Penn, Sen'r; and that the
whole of the lands lying in Anne Aruudel County which had been
conveyed to the defendant, Nathan Waters, he had sold to James
Ferree. The aggregate amount of sales being $10,711.50. The
usual order giving notice, having been published, and no cause
having been shewn to the contrary, these sales were, on the 26th
of January, 1819, absolutely ratified and confirmed.

The auditor on the 26th of February, 1819, reported,
that he had examined the proceedings, and from them had
stated an account between the estates of Charles Penn, Sen'r, de-
ceased, and Nathan Waters, and the trustee, in which the pro-
ceeds of each estate were applied to the payment of one-half of
the complainant's claim and costs, and its proportion of the trus-
tee's allowance for commission and expenses; and the balances re-
spectively were made payable to the said Nathan Waters, and to
those entitled to claim under the said Charles Penn, Sen'r, de-
ceased. The auditor further reported, that his impression was,
that the surviving grantees of Charles Penn, Sen'r, were entitled
to the balance of his estate in proportion to the quantity of land
held by each in virtue of his several deeds. But, it not appearing
which of his two children, Charles Penn, Jun'r, and William
Fenn, survived the other, he had not been able to make the distri-
bution accordingly.

From this account, stated by the auditor, as of the 23d of
November, 1818, being the day of the sales, it appeared, that the
amount of the sales of Penn's estate was $4,21^.50; that the
amount of the sales of Waters' estate was $6,500; and that the
amount of the plaintiff's claim, with interest up to that time, was
$4,968.43; leaving a surplus of the proceeds of the sales, after de-
ducting all commissions and costs, of $1,306.4 1/2, to be distributed
among the grantees of Charles Penn, Sen'r, deceased; and, the
sum of $3,515.6 1/2, which was awarded to the defendant, Nathan
Waters.